MA000021  PR720075 [Note: a correction has been issued to this document]
FAIR WORK COMMISSION

DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

BUSINESS EQUIPMENT AWARD 2010
[MA000021]

Business equipment industry

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 16 JUNE 2020

4 yearly review of modern awards –Business Equipment Award 2010 – modern award varied – correction.

A. The determination issued by the Full Bench on 30 April 2020 [PR718526] is corrected as follows:

1. By renumbering clauses 16.1(i) to 16.1(j) of the attachment to the determination as clauses 16.1(j) to 16.1(k).

2. By inserting a new clause 16.1(i) in the attachment to the determination as follows:

(i) clause 21—Special provisions for day workers;

3. By deleting the word “employment;” in clause 16.2(k) of the attachment to the determination and inserting the words “employment (not including clause 32.2)”.

4. By deleting the words “Carrot Bay” where they appear in the table at clause 17.3(d)(i) of the attachment to the determination and inserting the words “Carnot Bay”.

5. By deleting the number “22.1(b)” appearing in clause 22.2(b)(iii) of the attachment to the determination and inserting the number “22.2(b)”.

6. By deleting the words “Monday to Saturday” appearing in the first row of the table at clause B.2.2 of the attachment to the determination and inserting the words “Monday to Sunday”.

7. By renumbering footnote 1 to the table at clause B.2.2 of the attachment to the determination as footnote 2.

8. By inserting footnote 1 next to the word “Sunday” appearing in the first row of the table at clause B.2.2 of the attachment to the determination.

9. By inserting the words “An employee required to work on a Sunday that is a day off under clause 20.3(b)” at footnote 1 appearing under the table at clause B.2.2 of the attachment to the determination.

10. By updating the table of contents and cross references accordingly.

B. This determination comes into operation from 18 June 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect until the start of the first full pay period that starts on or after 18 June 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Business Equipment Award 2020

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 16 June 2020 (PR718526, PR720075).

Clause(s) affected by the most recent variation(s):

All clauses and schedules

Table of Contents

Part 1— Application and Operation of this Award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards and this award 4
4. Coverage 4
5. Individual flexibility arrangements 5
6. Requests for flexible working arrangements 6
7. Facilitative provisions 8
Part 2— Types of Employment 8
8. Types of employment 8
9. Full-time employees 9
10. Part-time employees 9
11. Casual employees 9
Part 3— Hours of Work 11
12. Ordinary hours of work and rostering 11
13. Meal breaks 13
Part 4— Wages and Allowances 14
14. Minimum rates 14
15. Payment of wages 16
16. Exemptions 17
17. Allowances 18
18. Accident pay 24
19. Superannuation 25
Part 5— Overtime and Penalty Rates 27
20. Overtime 27
21. Special provisions for dayworkers 31
22. Special provisions for shiftworkers 32
Part 6— Leave and Public Holidays 34
23. Annual leave 34
24. Personal/carer’s leave and compassionate leave 38
25. Parental leave and related entitlements 38
26. Community service leave 38
27. Unpaid family and domestic violence leave 38
28. Public holidays 39
Part 7— Consultation and Dispute Resolution 39
29. Consultation about major workplace change 39
30. Consultation about changes to rosters or hours of work 40
31. Dispute resolution 41
Part 8— Termination of Employment and Redundancy 42
32. Termination of employment 42
33. Redundancy 43
Schedule A —Classifications, Skill Levels and Definitions 45
Schedule B —Summary of Hourly Rates of Pay 57
Schedule C —Summary of Monetary Allowances 64
Schedule D —Supported Wage System 67
Schedule E —Agreement for Time Off Instead of Payment for Overtime 70
Schedule F —Agreement to Take Annual Leave in Advance 71
Schedule G —Agreement to Cash Out Annual Leave 72
Schedule H —Part-day Public Holidays 73
Schedule X —Additional Measures During the COVID-19 Pandemic 74

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Business Equipment Award 2020.

1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2. Definitions

In this award, unless the contrary intention appears:

3. The National Employment Standards and this award

3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

4.1 This industry award covers employers throughout Australia in the business equipment industry and their employees in the classifications listed in Schedule A—Classifications, Skill Levels and Definitions of this award to the exclusion of any other modern award.

4.2 Business equipment industry means the sale or lease and associated installation and servicing of business equipment such as computers, data processing equipment, photocopiers, facsimile machines, cash registers, accounting and adding machines, calculators and peripheral equipment associated with such equipment including keyboards, display screens, printers, routers and multifunction devices.

4.3 This award does not cover:

(a) persons wholly or mainly engaged in managerial positions;

(b) employees whilst undertaking formal training courses or schools in connection with their employment;

(c) employees of electrical contractors or manufacturers of business equipment;

(d) employees excluded from award coverage by the Fair Work Act 2009 (Cth) (the Act);

(e) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(f) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.4 This award covers any employer which supplies labour on an on-hire basis in the business equipment industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 This award covers employers which provide group training services for apprentices and/or trainees engaged in the business equipment industry and/or parts of that industry and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

5. Individual flexibility arrangements

5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal; and

(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee; and

(b) identify the award term, or award terms, the application of which is to be varied; and

(c) set out how the application of the award term, or each award term, is varied; and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing; and

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time, by written agreement between the employer and the employee; or

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

6.2 Responding to the request

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made; and

(c) any reasonable business grounds for refusing the request.

6.3 What the written response must include if the employer refuses the request

(a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

(b) The written response under section 65(4) must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.

(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2, then the written response under section 65(4) must:

6.4 What the written response must include if a different change in working arrangements is agreed

6.5 Dispute resolution

7. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

7.2 Facilitative provisions in this award are contained in the following clauses:

Clause

Provision

Agreement between an employer and:

12.2

Flexibility in relation to ordinary hours of work—day workers

An individual or the majority of employees

13.2

Flexibility in relation to breaks

An individual or the majority of employees

15.2(b)

Payment of wages

An individual or the majority of employees

20.9

Time off instead of payment for overtime

An individual

22.2(b)

Flexibility in relation to standard shiftwork

An individual or the majority of employees

23.4

Annual leave in advance

An individual

23.10

Cashing out of annual leave

An individual

28.2, 28.3

Substitution of public holidays

An individual

   

Part 2—Types of Employment

8. Types of employment

8.1 Employees under this award will be employed in one of the following categories:

(a) full-time;

(b) part-time; or

(c) casual.

9. Full-time employees

9.1 A full-time employee is engaged to work an average of 38 ordinary hours per week.

9.2 Any employee not specifically engaged as a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in this award.

10. Part-time employees

10.1 A part-time employee:

(a) is engaged to work an average of less than 38 ordinary hours per week;

(b) works a regular pattern of hours; and

(c) is paid the minimum hourly rate for each ordinary hour worked.

11. Casual employees

11.1 A casual employee is an employee who is engaged and paid as a casual employee.

11.2 A casual employee’s employment may be terminated by an hour’s notice given either by the employer or the employee, or by the payment or forfeiture of an hour’s wage.

11.3 Casual loading

(a) For each ordinary hour worked, a casual employee must be paid:

(b) A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.

11.4 Right to request casual conversion

(a) A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment.

(b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award.

(c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment.

(d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked.

(e) Any request under clause 11.4 must be in writing and provided to the employer.

(f) Where a regular casual employee seeks to convert to full-time or part-time employment, the employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee.

(g) Reasonable grounds for refusal include that:

(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable.

(i) Where the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made.

(j) If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 31—Dispute resolution. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

(k) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in clause 11.4, the employer and employee must discuss and record in writing:

(l) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

(m) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of the employer.

(n) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under clause 11.4.

(o) Nothing in clause 11.4 obliges a regular casual employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert.

(p) Nothing in clause 11.4 requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

(q) An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of clause 11.4 within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018, an employer must provide such employees with a copy of the provisions of clause 11.4 by 1 January 2019.

(r) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 11.4(q).

Part 3—Hours of Work

12. Ordinary hours of work and rostering

12.1 Ordinary hours of work—day workers

(a) an average of 38 per week;

(b) of no more than 8 hours per day

(c) worked between the hours of 6.30 am to 6.30 pm at the discretion of the employer and on any day or all of the days of the week, Monday to Friday.

12.2 Flexibility in relation to ordinary hours of work—day workers

(a) The following forms of flexibility may be implemented in respect of all employees in a workplace or section/s thereof, subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section/sections. Agreement in this respect may also be reached between the employer and an individual employee:

(b) Where an agreement is reached by the majority of employees it will apply to all the employees in the workplace or section/s to which the agreement applies. This does not in any way restrict the application of an individual agreement.

(c) Where agreement is reached in accordance with clause 12.2, the agreement must be recorded in the time and wages records.

12.3 General conditions relating to hours of work for day workers and shiftworkers

(a) The arrangement of hours under clause 12 and shifts under clause 22—Special provisions for shiftworkers, once determined may be altered as follows:

12.4 Rosters

12.5 Twelve hour days or shifts

(a) suitable roster arrangements being made, including a review process relating to such rosters; and

(b) adequate breaks being provided.

12.6 Make-up time

12.7 Casual and part-time employees

12.8 Special provisions for country employees

13. Meal breaks

13.1 Except as provided for in clause 13.2, where practicable, an employee must not be required to work for more than 5 hours without a break for a meal. The meal break must be for a period of not less than 30 minutes and not more than 60 minutes.

13.2 Flexibility in relation to breaks

(a) The following forms of flexibility may be implemented in respect of all employees in a workplace or section/s thereof, subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section/sections. Agreement in this respect may also be reached between the employer and an individual employee:

(b) Where an agreement is reached by the majority of employees it will apply to all the employees in the workplace or section/s to which the agreement applies. This does not in any way restrict the application of an individual agreement.

(c) An employee directed by the employer to work in excess of 5 hours without a meal, or such period as extended in accordance with clause 13.2, will be paid at the rate of 150% of the ordinary hourly rate for the meal period and the employee will be permitted to have the employee’s usual meal period without deduction from the employee’s wage as soon as possible after the prescribed meal period.

(d) Clause 13.2 will not operate outside an employee’s ordinary working hours. Meal breaks during overtime are prescribed in clause 20—Overtime of this award.

Part 4—Wages and Allowances

14. Minimum rates

14.1 The definitions of the classifications referred to in clause 14 are set out in Schedule A—Classifications, Skill Levels and Definitions.

14.2 Adult employee rates

(a) The classifications and minimum rates for an adult employee other than trainees under clause 14.6 and employees receiving a supported wage under clause 14.5 are set out in the following tables.

14.3 Absence from duty

14.4 Higher duties

(a) An employee directed by the employer to perform work of a position at a higher classification level than that in which the employee is normally engaged must, provided the employee is capable of performing the higher level work, be paid at the rate applicable to that higher level.

(b) Clause 14.4 will not apply where the employee being relieved is absent on annual leave or personal/carer’s leave until the absence has exceeded one week at which time the employee must be paid for that week and any additional days.

14.5 Supported wage system

14.6 National training wage

(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2019. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Business Equipment Award 2020 and not the Miscellaneous Award 2020.

15. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

15.1 Wages must be paid:

(a) weekly, fortnightly, 4-weekly, half-monthly, monthly or in accordance with existing practices; and

(b) by cash or by cheque or to the credit of the employee’s account in a bank or other recognised financial institution, or in any agreed combination of these methods.

15.2 Wages must be paid, either:

(a) according to the average number of ordinary hours worked per pay period; or

(2) by agreement with either the majority of employees or with an individual employee according to the actual ordinary hours worked each pay period.

15.3 Where wages are paid in cash, payment must be made during normal working hours.

15.4 Upon termination of employment, the wages due to an employee must be paid on the day of termination or forwarded by post on the next working day.

16. Exemptions

16.1 Exemptions for employees in the technical stream

(a) clause 12—Ordinary hours of work and rostering;

(b) clause 13—Meal breaks;

(c) clause 14.4—Higher duties;

(d) clause 17.2(c)—First aid allowance;

(e) clause 17.2(d)—Representation allowance;

(f) clause 17.3(d)—Area allowance;

(g) clause 17.3(e)—Living away from home allowance;

(h) clause 20—Overtime;

(i) clause 21—Special provisions for dayworkers;

(j) clause 22—Special provisions for shiftworkers; and

(k) clause 28.4—Payment for time worked on a public holiday.

16.2 Exemptions for employees in the clerical stream

Except as to:

(a) clause 1—Title and commencement;

(b) clause 3—The National Employment Standards and this award;

(c) clause 4—Coverage;

(d) clause 5—Individual flexibility arrangements;

(e) clause 23—Annual leave;

(f) clause 24—Personal/carer’s leave and compassionate leave;

(g) clause 26—Community service leave;

(h) clause 28—Public holidays;

(i) clause 30—Consultation about changes to rosters or hours of work;

(j) clause 31—Dispute resolution; and

(k) clause 32—Termination of employment (not including clause 32.2).

the terms of this award will not apply to any employee in the clerical stream in receipt of a salary which exceeds the appropriate rate prescribed in clause 14.2 in which they are employed by 10%.

16.3 Exemptions for employees in the commercial travellers stream

(a) clause 12—Ordinary hours of work and rostering;

(b) clause 13—Meal breaks;

(c) clause 14.4—Higher duties;

(d) clause 20—Overtime;

(e) clause 22—Special provisions for shiftworkers;

(f) clause 23—Annual leave;

(g) clause 24—Personal/carer’s leave and compassionate leave;

(h) clause 26—Community service leave; and

(i) clause 28—Public holidays.

17. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

17.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17.

17.2 Wage-related allowances—Technical and Clerical streams

17.3 Expense-related allowances—Technical and Clerical streams

17.4 Expense-related allowances—Commercial Travellers stream

18. Accident pay

18.1 Definitions

For the purpose of clause 18, the following definitions will apply:

(a) Accident pay means a weekly payment made to an employee by the employer that is the difference between the weekly amount of compensation paid to an employee pursuant to the applicable workers’ compensation legislation and the employee’s ordinary rate of pay (not including over award payments, shift loadings or overtime).

(b) Injury will be given the same meaning and application as applying under the applicable workers’ compensation legislation covering the employer.

18.2 Entitlement

The employer must pay accident pay where an employee suffers an injury and weekly payments of compensation are paid to the employee under the applicable workers’ compensation legislation for a maximum period of 26 weeks.

18.3 Calculation of the period

(a) The 26 week period commences from the date of injury. In the event of more than one absence arising from one injury, such absences are to be cumulative in the assessment of the 26 week period.

(b) The termination by the employer of the employee’s employment within the 26 week period will not affect the employee’s entitlement to accident pay.

(c) For a period of less than one week, accident pay (as defined) will be calculated on a pro rata basis.

18.4 When not entitled to payment

An employee will not be entitled to any payment under clause 18 in respect of any period of paid annual leave or long service leave, or for any paid public holiday.

18.5 Return to work

If an employee entitled to accident pay under clause 18 returns to work on reduced hours or to perform modified duties, the amount of accident pay due will be reduced by any amounts paid for the performance of such work.

18.6 Redemptions

In the event that an employee receives a lump sum payment in lieu of weekly payments under the applicable workers’ compensation legislation, the liability of the employer to pay accident pay will cease from the date the employee receives that payment.

18.7 Casual employees

18.8 Other

Clause 18 does not operate to diminish an employee’s entitlement to compensation payments under the applicable workers’ compensation legislation.

19. Superannuation

19.1 Superannuation legislation

(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b) The rights and obligations in these clauses supplement those in superannuation legislation.

19.2 Employer contributions

19.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 19.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 19.3(a) or 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or 19.3(b) was made.

19.4 Superannuation fund

(a) AustralianSuper;

(b) CareSuper;

(c) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(d) a superannuation fund or scheme which the employee is a defined benefit member of.

19.5 Absence from work

(a) Paid leave—while the employee is on any paid leave;

(b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:

Part 5—Overtime and Penalty Rates

20. Overtime

20.1 Overtime rates

(a) An employee who works in excess of or outside the employee’s ordinary hours established in accordance with clause 12—Ordinary hours of work and rostering or clause 22—Special provisions for shiftworkers of this award will be paid at the rate of 150% of the ordinary hourly rate for the first 3 hours and 200% of the ordinary hourly rate after 3 hours, until the completion of work.

(b) Employees who are late starting or are absent for part of their ordinary hours on unpaid leave will complete their ordinary hours for that day prior to the entitlement to overtime.

20.2 Scheduling of overtime

20.3 Work on a day off

20.4 Call-back

(a) An employee recalled to work overtime after leaving work will be paid a minimum of 4 hours or where the employee has been paid for standing by in accordance with clause 20.5, the employee will be paid for a minimum of 3 hours at the appropriate overtime rate for each time recalled, except where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary hours.

(b) The employee will not be required to work the full 4 or 3 hours as the case may be if the job(s) recalled to perform are completed within a shorter period.

(c) Notwithstanding the above, where an employee is recalled within the 4 or 3 hour guarantee period, the 4 or 3 hours’ minimum for the first recall will be cancelled and the employee will be paid up to the commencement of the second or subsequent recalls.

(d) The provisions of clause 20.4 will not apply in circumstances where an employee provides technical service or technical support over the telephone or via remote access arrangements. Clause 20.7 may apply instead.

(e) Overtime worked in circumstances specified in clause 20 will not be regarded as overtime for the purposes of clause 20.6.

20.5 Stand-by

(a) An allowance of $13.49 per hour will be paid to an employee for the period the employer requires the employee to remain in readiness for a return to work outside the employee’s ordinary hours.

(b) While receiving the appropriate overtime rate in accordance with clause 20.1 the stand-by allowance will not be paid.

20.6 Rest period after working overtime

(c) The provisions of clause 20.6 will not apply to call-backs or in circumstances where an employee provides technical service or technical support over the telephone or via remote access arrangements.

20.7 Technical service/support

(a) An employee required to work overtime providing technical service or technical support over the telephone or via remote access arrangements will be paid for each occasion that such work is carried out:

(b) Provided that, the employee will not be required to work the full half an hour or one hour as the case may be if the work which the employer requires to be performed is completed within a shorter period.

(c) Notwithstanding the above, where an employee is required to carry out further overtime work within the half an hour or one hour guarantee period, the half an hour or one hour minimum for the first work period will be cancelled and the employee will be paid up to the commencement of the second or subsequent work period.

(d) Overtime worked in circumstances specified in clause 20.7 will not be regarded as overtime for the purposes of clauses 20.4 and 20.5.

20.8 Rates not cumulative

20.9 Time off instead of payment for overtime

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 20.9.

(c) An agreement must state each of the following:

(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

(e) Time off must be taken:

(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.9 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 20.9(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 20.9 as an employee record.

(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 20.9 will apply, including the requirement for separate written agreements under clause 20.9(b) for overtime that has been worked.

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 20.9 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

21. Special provisions for dayworkers

21.1 Day work outside the spread of hours

(a) the spread of hours referred to in clause 12.1; or

(b) the spread of hours as varied in accordance with clause 12.2;

21.2 Saturday work

21.3 Sunday work

22. Special provisions for shiftworkers

22.1 For the purposes of this award:

(a) Standard shiftwork means shiftwork performed:

(b) Non-standard shiftwork means any arrangement of shiftwork of up to 12 hours per day worked over a 7 day period Monday to Sunday, other than standard shiftwork.

(c) Afternoon shift means any shift finishing after 6.30 pm and at or before midnight.

(d) Night shift means any shift finishing after midnight and at or before 8.00 am.

(e) Permanent night shift means a shift which is applicable to an employee who:

22.2 Standard shiftwork

22.3 Non-standard shiftwork

22.4 Daylight saving

Part 6—Leave and Public Holidays

23. Annual leave

23.1 Annual leave is provided for in the NES.

23.2 Definition of shiftworker

23.3 Annual leave loading

(a) During a period of annual leave an employee will receive a loading calculated on the rate of wage prescribed in clause 14—Minimum rates. Annual leave loading payment is payable on leave accrued.

(b) The loading is as follows:

23.4 Annual leave in advance

(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b) An agreement must:

(c) The employer must keep a copy of any agreement under clause 23.4 as an employee record.

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 23.4, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

23.5 Close-down

23.6 Country employees

(a) Employees who are required by their employer to remain away from their usual place of residence on more than 2 nights in any week, Monday to Sunday inclusive, for each week of the working year, will in addition to the annual leave prescribed in section 87(1)(a) of the Act receive a further 7 consecutive days’ leave including non-working days.

(b) Where an employee operates in country areas as prescribed in clause 23.6(a) for only part of the time the employee will receive an additional leave entitlement on the basis of an extra half day’s annual leave for each 5 weeks in any one year during which the employee is required to be away from the usual place of residence.

(c) Clause 23.6 will not apply to employees undertaking training courses.

23.7 Excessive leave accruals: general provision

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 23.2).

(b) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c) Clause 23.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 23.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

23.8 Excessive leave accruals: direction by employer that leave be taken

(a) If an employer has genuinely tried to reach agreement with an employee under clause 23.7(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However, a direction by the employer under clause 23.8(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 23.8(a) that is in effect.

(d) An employee to whom a direction has been given under clause 23.8(a) may request to take a period of paid annual leave as if the direction had not been given.

23.9 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 23.7(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 23.9(a) if:

(c) A notice given by an employee under clause 23.9(a) must not:

(d) An employee is not entitled to request by a notice under clause 23.9(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 23.2) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 23.9(a).

23.10 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 23.10.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 23.10.

(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d) An agreement under clause 23.10 must state:

(e) An agreement under clause 23.10 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i) The employer must keep a copy of any agreement under clause 23.10 as an employee record.

24. Personal/carer’s leave and compassionate leave

24.1 Personal/carer’s leave and compassionate leave are provided for in the NES.

24.2 Personal/carer’s leave for casual employees

(a) Casual employees are entitled to be not available for work or to leave work to care for a person who is sick and requires care and support or who requires care due to an emergency.

(b) Such leave is unpaid. A maximum of 48 hours’ absence is allowed by right with additional absence by agreement.

25. Parental leave and related entitlements

Parental leave and related entitlements are provided for in the NES.

26. Community service leave

Community service leave is provided for in the NES.

27. Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

28. Public holidays

28.1 Public holiday entitlements are provided for in the NES.

28.2 An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

28.3 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

28.4 Work on a public holiday or a substituted day must be paid at 250% of the ordinary hourly rate. Where both a public holiday and substitute day are worked, public holiday penalty rates are payable on the holiday and the employee is entitled to not less than 4 hours’ pay at penalty rates provided the employee is available to work for 4 hours.

28.5 Part-day public holidays

Part 7—Consultation and Dispute Resolution

29. Consultation about major workplace change

29.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b) discuss with affected employees and their representatives (if any):

(c) commence discussions as soon as practicable after a definite decision has been made.

29.2 For the purposes of the discussion under clause 29.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature; and

(b) their expected effect on employees; and

(c) any other matters likely to affect employees.

29.3 Clause 29.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

29.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 29.1(b).

29.5 In clause 29 significant effects, on employees, includes any of the following:

(a) termination of employment; or

(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

(c) loss of, or reduction in, job or promotion opportunities; or

(d) loss of, or reduction in, job tenure; or

(e) alteration of hours of work; or

(f) the need for employees to be retrained or transferred to other work or locations; or

(g) job restructuring.

29.6 Where this award makes provision for alteration of any of the matters defined at clause 29.5, such alteration is taken not to have significant effect.

30. Consultation about changes to rosters or hours of work

30.1 Clause 30 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

30.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

30.3 For the purpose of the consultation, the employer must:

(a) provide to the employees and representatives mentioned in clause 30.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

30.4 The employer must consider any views given under clause 30.3(b).

30.5 Clause 30 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

31. Dispute resolution

31.1 Clause 31 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

31.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

31.3 If the dispute is not resolved through discussion as mentioned in clause 31.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

31.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 31.2 and 31.3, a party to the dispute may refer it to the Fair Work Commission.

31.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

31.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

31.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 31.

31.8 While procedures are being followed under clause 31 in relation to a dispute:

(a) work must continue in accordance with this award and the Act; and

(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

31.9 Clause 31.8 is subject to any applicable work health and safety legislation.

Part 8—Termination of Employment and Redundancy

32. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

32.1 Notice of termination by an employee

(a) Clause 32.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

(c) In clause 32.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 32.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 32.1(b), then no deduction can be made under clause 32.1(d).

(f) Any deduction made under clause 32.1(d) must not be unreasonable in the circumstances.

32.2 Job search entitlement

(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b) The time off under clause 32.2 is to be taken at times that are convenient to the employee after consultation with the employer.

33. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

33.1 Transfer to lower paid duties on redundancy

(a) Clause 33.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(c) If the employer acts as mentioned in clause 33.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

33.2 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 33 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

33.3 Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under clause 33.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 33.3(b).

(d) An employee who fails to produce proof when required under clause 33.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 32.2.

Schedule A—Classifications, Skill Levels and Definitions
A.1 Technical services stream
A.1.1 Level 1 Technical Employee

A.1.2 Level 2 Technical Employee

A.1.3 Level 3 Technician

A.1.4 Level 4 Technician

A.1.5 Level 5 Technician

A.1.6 Level 6 Technician

A.2 Clerical and Administration Stream
A.2.1 Clerical and Administration Employee Level 1

A.2.2 Clerical and Administration Employee Level 2

A.2.3 Clerical and Administration Employee Level 3

A.2.4 Clerical and Administration Employee Level 4

A.2.5 Clerical and Administration Employee Level 5

A.2.6 Interpretation

A.3 Commercial Travellers Stream
A.3.1 Trainee Salesperson means an employee engaged as a trainee in accordance with clause 14.6 and who has not been assigned a sales quota and who is undertaking training as a Salesperson.
A.3.2 Salesperson means an employee who has undertaken an appropriate course of training and who has been assigned a sales quota for the sale of, and/or the soliciting of orders for business equipment and operating supplies therefore within one of the undermentioned levels:

Schedule B—Summary of Hourly Rates of Pay
B.1 Ordinary hourly rate
B.1.1 Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any allowance payable for all purposes to which the employee is entitled. Where an allowance is payable for all purposes in accordance with clause 17.2, this forms part of the employee’s ordinary hourly rate and must be added to the minimum hourly rate prior to calculating penalty rates and overtime.
B.1.2 The rates in the tables below are based on the minimum hourly rates in accordance with clause 14.2. Consistent with clause B.1.1, all-purpose allowances need to be added to the rates in the table where they are applicable.
B.2 Full-time and part-time adult employees other than shiftworkers
B.2.1 Full-time and part-time employees other than shiftworkers—ordinary and penalty rates

Classification

Ordinary hours

Public holiday

Outside spread of hours1

Saturday

Sunday

 

% of ordinary hourly rate2

 

100%

250%

100%+ $5.613

100% +$13.443

100% +$18.833

 

$

$

$

$

$

Technical stream

          

Technical employee

          

Level 1

20.03

50.08

25.64

33.47

38.86

Level 2

20.81

52.03

26.42

34.25

39.64

Technician

          

Level 3

21.53

53.83

27.14

34.97

40.36

Level 4

22.70

56.75

28.31

36.14

41.53

Level 5

24.10

60.25

29.71

37.54

42.93

Level 6

25.44

63.60

31.05

38.88

44.27

Clerical and Administration stream

          

Level 1

20.82

52.05

26.43

34.26

39.65

Level 2

21.54

53.85

27.15

34.98

40.37

Level 3

22.70

56.75

28.31

36.14

41.53

Level 4

24.76

61.90

30.37

38.20

43.59

Level 5

26.56

66.40

32.17

40.00

45.39

Commercial Travellers stream

          

Salesperson Level 1

22.11

55.28

27.72

35.55

40.94

Salesperson Level 2

24.26

60.65

29.87

37.70

43.09

Salesperson Level 3

28.07

70.18

33.68

41.51

46.90

1 Between the hours of 6.30 pm and 6.30 am, Monday to Friday. The spread of hours is defined in clause 12.1.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

3 These amounts are treated as allowances as per clause 21.1.

B.2.2 Full-time and part-time employees other than shiftworkers—overtime rates

Classification

Monday to Sunday

Sunday1

Public holiday

 

first 3 hours

after 3 hours

 

% of ordinary hourly rate2

 

150%

200%

200%

250%

 

$

$

$

$

Technical stream

        

Technical employee

        

Level 1

30.05

40.06

40.06

50.08

Level 2

31.22

41.62

41.62

52.03

Technician

        

Level 3

32.30

43.06

43.06

53.83

Level 4

34.05

45.40

45.40

56.75

Level 5

36.15

48.20

48.20

60.25

Level 6

38.16

50.88

50.88

63.60

Clerical and Administration stream

        

Level 1

31.23

41.64

41.64

52.05

Level 2

32.31

43.08

43.08

53.85

Level 3

34.05

45.40

45.40

56.75

Level 4

37.14

49.52

49.52

61.90

Level 5

39.84

53.12

53.12

66.40

Commercial Travellers stream

        

Salesperson Level 1

33.17

44.22

44.22

55.28

Salesperson Level 2

36.39

48.52

48.52

60.65

Salesperson Level 3

42.11

56.14

56.14

70.18

1 An employee required to work on a Sunday that is a day off under clause 20.3(b).

2 Rates in table are calculated based on the minimum hourly rate, Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.3 Full-time and part-time adult employees—shiftworkers
B.3.1 Full-time and part-time shiftworkers—ordinary and penalty rates

Classification

Day

Afternoon

Night

Permanent night

Non standard

 

% of ordinary hourly rate1

 

100%

100% + $3.332

100% + $3.992

100% + $4.772

100% + $6.812

 

$

$

$

$

$

Technical stream

          

Technical employee

          

Level 1

20.03

23.36

24.02

24.80

26.84

Level 2

20.81

24.14

24.80

25.58

27.62

Technician

          

Level 3

21.53

24.86

25.52

26.30

28.34

Level 4

22.70

26.03

26.69

27.47

29.51

Level 5

24.10

27.43

28.09

28.87

30.91

Level 6

25.44

28.77

29.43

30.21

32.25

Clerical and Administration stream

          

Level 1

20.82

24.15

24.81

25.59

27.63

Level 2

21.54

24.87

25.53

26.31

28.35

Level 3

22.70

26.03

26.69

27.47

29.51

Level 4

24.76

28.09

28.75

29.53

31.57

Level 5

26.56

29.89

30.55

31.33

33.37

Commercial Travellers stream

          

Salesperson Level 1

22.11

25.44

26.10

26.88

28.92

Salesperson Level 2

24.26

27.59

28.25

29.03

31.07

Salesperson Level 3

28.07

31.40

32.06

32.84

34.88

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

2 These amounts are treated as allowances as per clause 22—Special provisions for shiftworkers.

B.3.2 Full-time and part-time shiftworkers—overtime rates

 Classification

Monday to Sunday

Sunday1

Public holiday

 

first 3 hours

after 3 hours

 

% of ordinary hourly rate2

 

150%

200%

200%

250%

 

$

$

$

$

Technical stream

        

Technical employee

        

Level 1

30.05

40.06

40.06

50.08

Level 2

31.22

41.62

41.62

52.03

Technician

        

Level 3

32.30

43.06

43.06

53.83

Level 4

34.05

45.40

45.40

56.75

Level 5

36.15

48.20

48.20

60.25

Level 6

38.16

50.88

50.88

63.60

Clerical and Administration stream

        

Level 1

31.23

41.64

41.64

52.05

Level 2

32.31

43.08

43.08

53.85

Level 3

34.05

45.40

45.40

56.75

Level 4

37.14

49.52

49.52

61.90

Level 5

39.84

53.12

53.12

66.40

Commercial Travellers stream

        

Salesperson Level 1

33.17

44.22

44.22

55.28

Salesperson Level 2

36.39

48.52

48.52

60.65

Salesperson Level 3

42.11

56.14

56.14

70.18

1 An employee required to work on a Sunday that is a day off under clause 20.3(b).

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.4 Casual adult employees
B.4.1 Casual adult employees—other than shiftworkers—ordinary and penalty rates

Classification

Ordinary hours

Public holiday

Outside spread of hours1

Saturday

Sunday

 

% of ordinary hourly rate2

 

124%

274%

124%+ $5.613

124% +$13.443

124% +$18.833

 

$

$

$

$

$

Technical stream

          

Technical employee

          

Level 1

24.84

54.88

30.45

38.28

43.67

Level 2

25.80

57.02

31.41

39.24

44.63

Technician

          

Level 3

26.70

58.99

32.31

40.14

45.53

Level 4

28.15

62.20

33.76

41.59

46.98

Level 5

29.88

66.03

35.49

43.32

48.71

Level 6

31.55

69.71

37.16

44.99

50.38

Clerical and Administration stream

          

Level 1

25.82

57.05

31.43

39.26

44.65

Level 2

26.71

59.02

32.32

40.15

45.54

Level 3

28.15

62.20

33.76

41.59

46.98

Level 4

30.70

67.84

36.31

44.14

49.53

Level 5

32.93

72.77

38.54

46.37

51.76

Commercial Travellers stream

          

Salesperson Level 1

27.42

60.58

33.03

40.86

46.25

Salesperson Level 2

30.08

66.47

35.69

43.52

48.91

Salesperson Level 3

34.81

76.91

40.42

48.25

53.64

1 Between the hours of 6.30 pm and 6.30 am, Monday to Friday. The spread of hours is defined in clause 12.1.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

3 These amounts are treated as allowances as per clause 21.1.

B.5 Casual employees—shiftworkers
B.5.1 Casual shiftworkers—ordinary and penalty rates

Classification

Day

Afternoon

Night

Permanent night

Non standard

 

% of ordinary hourly rate1

 

124%

124% + $3.332

124% + $3.992

124% + $4.772

124% + $6.812

 

$

$

$

$

$

Technical stream

          

Technical employee

          

Level 1

24.84

28.17

28.83

29.61

31.65

Level 2

25.80

29.13

29.79

30.57

32.61

Technician

          

Level 3

26.70

30.03

30.69

31.47

33.51

Level 4

28.15

31.48

32.14

32.92

34.96

Level 5

29.88

33.21

33.87

34.65

36.69

Level 6

31.55

34.88

35.54

36.32

38.36

Clerical and Administration stream

          

Level 1

25.82

29.15

29.81

30.59

32.63

Level 2

26.71

30.04

30.70

31.48

33.52

Level 3

28.15

31.48

32.14

32.92

34.96

Level 4

30.70

34.03

34.69

35.47

37.51

Level 5

32.93

36.26

36.92

37.70

39.74

Commercial Travellers stream

          

Salesperson Level 1

27.42

30.75

31.41

32.19

34.23

Salesperson Level 2

30.08

33.41

34.07

34.85

36.89

Salesperson Level 3

34.81

38.14

38.80

39.58

41.62

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

2 These amounts are treated as allowances as per clause 22—Special provisions for shiftworkers.

   

Schedule C—Summary of Monetary Allowances

See clause 17—Allowances for full details of allowances payable under this award.

C.1 Wage-related allowances (weekly standard rate)

The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for a Level 4 Technician in clause 14.2(a)(i) = $862.50.

Allowance

Clause

% of standard rate

$

Payable

Technical and Clerical streams

        

Leading hand in charge of—2 to 5 employees1

17.2(b)

3.21

27.69

per week

Leading hand in charge of—6 to 10 employees1

17.2(b)

4.75

40.97

per week

Leading hand in charge of—more than 10 employees1

17.2(b)

6.20

53.48

per week

First aid allowance

17.2(c)

2.35

20.27

per week

Representation allowance

17.2(d)

2.18

18.80

per week

Service centre allowance

17.2(e)(i)

6.08

52.44

per week

1 This allowance applies for all purposes of this award.

C.2 Wage-related allowances (hourly standard rate)

The wage-related allowances in clauses 21—Special provisions for dayworkers and 22—Special provisions for shiftworkers of this award are based on the standard hourly rate which has been calculated as the minimum weekly rate for a Level 4 Technician in clause 14.2(a)(i), divided by 38 = $22.70.

Allowance

Clause

% of standard hourly rate

$

Payable

Overtime stand-by allowance

20.5(a)

59.42

13.49

per hour

Day work outside the spread of hours

21.1

24.70

5.61

per hour

Working ordinary hours on Saturday

21.2

59.20

13.44

per hour

Working ordinary hours on Sunday

21.3

82.95

18.83

per hour

Afternoon shift allowance

22.2(c)(i)

14.68

3.33

per hour

Night shift allowance

22.2(c)(ii)

17.59

3.99

per hour

Permanent night shift allowance

22.2(c)(iii)

21.00

4.77

per hour

Non-standard shift work allowance

22.3(b)

30.00

6.81

per hour

C.3 Adjustment of wage-related allowances

Wage-related allowances are adjusted in accordance with increases to wages and are based on a percentage of the standard rate as specified.

C.4 Expense-related allowances
C.4.1 The following expense-related allowances will be payable to employees in accordance with clause 17.3:

Allowance

Clause

$

Payable

Technical and Clerical streams

      

Motor vehicle allowance—using own vehicle

17.3(b)(i)

621.14

per month

Motor vehicle allowance—using own vehicle—country territory

17.3(b)(i)

719.22

per month

Motor vehicle allowance—using own vehicle—additional amount

17.3(b)(ii)

0.34

per km

Motor vehicle allowance—using own vehicle—casual basis

17.3(b)(vi)

0.78

per km

Meal allowance for overtime rest breaks

17.3(c)(i)

14.69

per rest break

Area allowance—Mt Isa, Queensland

17.3(d)(i)

72.54

per week

Area allowance—Broken Hill, New South Wales

17.3(d)(i)

36.38

per week

Area allowance—that area of Western Australia, north of a line running East from Carrot Bay to the Northern Territory border

17.3(d)(i)

25.58

per week

Area allowance—that area of Western Australia situated between latitude 24 degrees and a line running East from Carrot Bay to the Northern Territory border

17.3(d)(i)

21.98

per week

Area allowance—that area within a line commencing on the coast at latitude 24 degrees, then east to the Northern Territory border, then south to the coast, then along the coast to a longitude of 123 degrees, north to the intersection of latitude 26 degrees, then west along latitude 26 degrees

17.3(d)(i)

9.91

per week

Living away from home allowance

17.3(e)(i)

70.43

per day

Travel time—living away from home—further meal allowance

17.3(e)(ii)

12.82

per evening meal

C.4.2 Adjustment of expense-related allowances

   

Schedule D—Supported Wage System
D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
D.2 In this schedule:

D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause D.5)
%

Relevant minimum wage
%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

D.4.2 Provided that the minimum amount payable must be not less than $87 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5 Assessment of capacity
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.7 Review of assessment

D.8 Other terms and conditions of employment

D.9 Workplace adjustment

D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.

Schedule E—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started: ___/___/20___ ____ am/pm

Date and time overtime ended: ___/___/20___ ____ am/pm

Amount of overtime worked: _______ hours and ______ minutes

The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Schedule F—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is: ____ hours/days

The leave in advance will commence on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule G—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is: ____ hours/days

The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule H—Part-day Public Holidays
H.1 This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
H.2 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight, or 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

H.3 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
H.4 This schedule is not intended to detract from or supplement the NES.

Schedule 24—Additional Measures During the COVID-19 Pandemic
H.5 Subject to clauses X.2.1(d) and X.2.2(c), Schedule X operates from 8 April 2020 until 30 June 2020. The period of operation can be extended on application.
H.6 During the operation of Schedule X, the following provisions apply:
H.6.1 Unpaid pandemic leave

H.6.2 Annual leave at half pay

NOTE 1: A employee covered by this award who is entitled to the benefit of clause X.2.1 or X.2.2 has a workplace right under section 341(1)(a) of the Act.

NOTE 2: Under section 340(1) of the Act, an employer must not take adverse action against an employee because the employee has a workplace right, has or has not exercised a workplace right, or proposes or does not propose to exercise a workplace right, or to prevent the employee exercising a workplace right. Under section 342(1) of the Act, an employer takes adverse action against an employee if the employer dismisses the employee, injures the employee in his or her employment, alters the position of the employee to the employee’s prejudice, or discriminates between the employee and other employees of the employer.

NOTE 3: Under section 343(1) of the Act, a person must not organise or take, or threaten to organise or take, action against another person with intent to coerce the person to exercise or not exercise, or propose to exercise or not exercise, a workplace right, or to exercise or propose to exercise a workplace right in a particular way.